2021 -- S 0048

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOODS AND DRUGS -- THE UNIFORM CONTROLLED SUBSTANCES

ACT

     Introduced By: Senators Miller, Seveney, Coyne, Quezada, Bell, Murray, Valverde,
Archambault, Burke, and Cano

     Date Introduced: January 19, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28-4.1 of the General Laws in Chapter 21-28 entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

     21-28-4.01. Prohibited acts A -- Penalties.

     (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who

violates this subsection with respect to a controlled substance classified in schedule I or II, except

the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned

to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than

ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02(20).

     (4) Any person, except as provided for in subdivision (2) of this subsection, who violates

this subsection with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter.

     (2) Any person who violates this subsection with respect to:

     (i) A controlled substance classified in schedules I, II and III, IV, and V, except the

substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned for

not more than three (3) years, or fined not less than five hundred dollars ($500) nor more than five

thousand dollars ($5,000), or both;

     (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

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conviction, may be imprisoned for not more than one year, or fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), or both.

     (iii) Notwithstanding any public, special, or general law to the contrary, the possession of

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and

who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil

offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars

($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or

disqualification. Notwithstanding any public, special, or general law to the contrary, this civil

penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense

is the first (1st) or second (2nd) violation within the previous eighteen (18) months.

     (iv) Notwithstanding any public, special, or general law to the contrary, possession of one

ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under

the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of

this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount

of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender

completes an approved, a drug-awareness program approved by the department of behavioral

healthcare, developmental disabilities and hospitals and community service as determined by the

court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years

fails to complete an approved, drug-awareness program and community service within one year of

the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the

marijuana, except that if no drug-awareness program or community service is available, the penalty

shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or

legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen

(18) shall be notified of the offense and the availability of a drug-awareness and community-service

program. The drug-awareness program must be approved by the court, but shall, at a minimum,

provide four (4) hours of instruction or group discussion and ten (10) hours of community service.

Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall

apply if the offense is the first or second violation within the previous eighteen (18) months.

     (v) Notwithstanding any public, special, or general law to the contrary, a person not

exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for

not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times

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in the eighteen (18) months prior to the third (3rd) offense.

     (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred

dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again

to six hundred dollars ($600) if it has not been paid within ninety (90) days.

     (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection

except as provided in this subparagraph. Any person in possession of an identification card, license,

or other form of identification issued by the state or any state, city, or town, or any college or

university, who fails to produce the same upon request of a police officer who informs the person

that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.)

or less of marijuana, or any person without any such forms of identification who fails or refuses to

truthfully provide his or her name, address, and date of birth to a police officer who has informed

such person that the officer intends to provide such individual with a citation for possession of one

ounce (1 oz.) or less of marijuana, may be arrested.

     (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a

violation of parole or probation.

     (ix) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to

public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive

jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued

under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent

(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant

to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth

deposited as general revenues to be allocated by the department of behavioral healthcare,

developmental disabilities and hospitals (BHDDH) and used to fund substance abuse prevention

programs and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16,

and in accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a).

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not

sentenced to a term of imprisonment to serve for the offense, shall be required to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals and

pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

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deposited as general revenues to be allocated by the department of behavioral healthcare,

developmental disabilities and hospitals (BHDDH) to fund substance abuse prevention programs

and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16 and in

accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a). Failure to attend may

result, after hearing by the court, in jail sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for a

first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(3)(ii) subsection (c)(4)(ii) of this section

shall be deposited as general revenues to be allocated by the department of behavioral healthcare,

developmental disabilities and hospitals (BHDDH) to fund substance abuse prevention programs

and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16 and in

accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(2) and shall be collected

from the person convicted or who pleads nolo contendere before any other fines authorized by this

chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

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derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

     SECTION 2. Sections 16-21.2-4 and 16-21.2-5 of the General Laws in Chapter 16-21.2

entitled "The Rhode Island Substance Abuse Prevention Act" are hereby amended to read as

follows:

     16-21.2-4. Substance abuse prevention program.

     (a) The department of behavioral healthcare, developmental disabilities and hospitals shall

be charged with the administration of this chapter and shall:

     (i) Identify funding distribution criteria;

     (ii) Identify criteria for effective substance abuse prevention programs; and

     (iii) Provide provide grants to assist in the planning, establishment, and operation and

reporting of substance abuse prevention programs. Grants under this section shall be made to

municipal governments or their designated agents according to the following guidelines:

     (1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);

provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those

surplus funds are to be divided proportionately among the cities and towns on a per capita basis but

in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.

     (2) In order to obtain a grant, the municipality or its designated agent must in the first year:

     (i) Demonstrate the municipality's need for a comprehensive substance abuse program in

the areas of prevention and education.

     (ii) Demonstrate that the municipality to be provided a grant has established by appropriate

legislative or executive action, a substance abuse prevention council which shall assist in assessing

the needs and resources of the community, developing a three (3) year plan of action addressing

the identified needs, the operation and implementation of the overall substance abuse prevention

program; coordinating existing services such as law enforcement, prevention, treatment, and

education; consisting of representatives of the municipal government, representatives of the school

system, parents, and human service providers.

     (iii) Demonstrate the municipality's ability to develop a plan of implementation of a

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comprehensive three (3) year substance abuse prevention program based on the specific needs of

the community to include high risk populations of adolescents, children of substance abusers, and

primary education school aged children.

     (iv) Agree to conduct a survey/questionnaire of the student population designed to establish

the extent of the use and abuse of drugs and alcohol in students throughout the local community's

school population.

     (v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will

be contributed either in cash or in-kind by public or private resources within the municipality.

     (3) Each municipality that receives a grant must demonstrate in an annual written report

submitted to the department of behavioral healthcare, developmental disabilities and hospitals that

the funding issued is expended on substance abuse prevention programs that reflect the criteria

pursuant to subsection (a) of this section.

     (b) The department of behavioral healthcare, developmental disabilities and hospitals shall

adopt rules and regulations necessary and appropriate to carry out the purposes of this section.

     16-21.2-5. Funding of substance abuse prevention program.

     (a)(1) Money to fund the Rhode Island Substance Abuse Prevention Act shall be

appropriated from state general revenues and shall be raised by assessing an additional penalty of

not to exceed thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-5.1 § 31-

41.1-4.

     (2) Money to fund the Rhode Island substance abuse prevention program shall also be

appropriated from state general revenues collected by any state or municipal court from civil

penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) to the extent that the

revenues collected are not otherwise specifically appropriated and the available funds shall be

allocated in accordance with the distribution criteria identified by the department of behavioral

healthcare, developmental disabilities and hospitals set forth in § 16-21.2-4(a).

     (3) The money shall be deposited as general revenues. The department of behavioral

healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the sums

appropriated for the purpose of administering the substance abuse prevention program.

     (b) Grants made under this chapter shall not exceed money available in the substance abuse

prevention program.

     SECTION 3. The title of Chapter 16-21.3 of the General Laws entitled "The Rhode Island

Student Assistance Junior High/Middle School Act" is hereby amended to read as follows:

CHAPTER 16-21.3

The Rhode Island Student Assistance Junior High/Middle School Act

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CHAPTER 16-21.3

THE RHODE ISLAND STUDENT ASSISTANCE HIGH SCHOOL/JUNIOR HIGH/MIDDLE

SCHOOL ACT

     SECTION 4. Sections 16-21.3-2 and 16-21.3-3 of the General Laws in Chapter 16-21.3

entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby

amended to read as follows:

     16-21.3-2. Junior high/middle school student assistance program. High school/junior

high/middle school student assistance program.

      (a) The department of behavioral healthcare, developmental disabilities and hospitals shall

be charged with the administration of this chapter and shall:

     (1) Identify funding distribution criteria;

     (2) Identify criteria for effective substance abuse prevention programs; and

     (3) Contract contract with appropriate substance abuse prevention/intervention agencies to

provide student assistance services that incorporate the criteria in high school/junior high/middle

schools.

     (b) Following the first complete year of operation, school systems receiving high

school/junior high/middle school student assistance services will be required to contribute twenty

percent (20%) of the costs of student assistance counselors to the service provider agency in order

to continue the services.

     16-21.3-3. Funding of junior high/middle school student assistance program. Funding

of high school/junior high/middle school student assistance program.

      (a)(1) Money to fund this program shall be raised by assessing an additional substance

abuse prevention assessment of not to exceed thirty dollars ($30.00) for all moving motor vehicle

violations handled by the traffic tribunal including, but not limited to, those violations set forth in

§ 31-41.1-4, except for speeding. The money shall be deposited in a restricted purpose receipt

account separate from all other accounts within the department of behavioral healthcare,

developmental disabilities and hospitals. The restricted purpose receipt account shall be known as

the high school/junior high/middle school student assistance fund and the traffic tribunal shall

transfer money from the high school/junior high/middle school student assistance fund to the

department of behavioral healthcare, developmental disabilities and hospitals for the administration

of the Rhode Island Student Assistance High School/Junior High/Middle School Act.

     (2) Money to fund the Rhode Island substance abuse prevention program shall also be

appropriated from state general revenues collected by any state or municipal court from civil

penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv) to the extent that the

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revenues collected are not otherwise specifically appropriated and the available funds shall be

allocated in accordance with the distribution criteria identified by the department of behavioral

healthcare, developmental disabilities and hospitals set forth in § 16-21.2-4(a).

     (b) The department of behavioral healthcare, developmental disabilities and hospitals may

utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose of

administering the program.

     SECTION 5. This act shall take effect on July 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOODS AND DRUGS -- THE UNIFORM CONTROLLED SUBSTANCES

ACT

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     This act would: (1) Place approval of drug awareness programs for minors up through high

school level charged with civil marijuana offenses in the discretion of the department of behavioral

healthcare, developmental disabilities and hospitals (BHDDH); (2) Redirect funds from certain

civil fines imposed to the general revenue fund to be expended by BHDDH to fund substance abuse

and student assistance programs for youth; (3) Mandate that BHDDH establish funding criteria for

distribution of funds and require that municipalities receiving funds file annual reports verifying

that the funds are being used for substance abuse prevention programs; (4) Make high schools

eligible for assistance programs; and (5) Changes the title of chapter 16-21.3 to reflect high school

participation in the programs.

     This act would take effect on July 1, 2021.

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